Legal Opinion
Witherspoon v. Jernigan
Texas Supreme Court
Decided November 5, 1903No. 1245PublishedCited by 23 opinions
Error to the Court' of Civil Appeals for the Fifth District, in an appeal from Dallas County. Diana Witherspoon and others obtained writ of error upon a judgment of the Court of Civil Appeals reversing and rendering againdt them a judgment of the District Court in their favor on appeal froto the County Court in-the. distribution of an estate. This case appears in the Court of Civil Appeals as Jernigan v. Lauder-*'dale, 73 S. W. Rep., 39.
1Opinion of the Court
BfiOWhT, Associate Justice.
We copy from the opinion of the Court of Civil Appeals the following statement of the case and conclusions of fact:'
“This suit originated on motion filed by appellants and other heirs of the estate of S. P. Emerson, deceased, in the County Court sitting for probate purposes, against Diana Witherspoon and G. E. Wheeler, to partition seven-twelfths of the estate of S. P. Emerson, deceased, among them, plaintiffs as well as defendants. The contention of plaintiffs was that such1 part of the estate should be partitioned and distributed upon a per stirpes basis.
“The…
2Cases cited4 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Russell v. FarquharTexas Supreme Court · 1881
- Powers v. MorrisonTexas Supreme Court · 1895
- McKinney v. AbbottTexas Supreme Court · 1878
3Cited by23 opinions
- Armstrong v. State ex rel. KlausIndiana Court of Appeals · 1918
- Ladd v. YettCourt of Appeals of Texas · 1925
- Young v. RuddCourt of Appeals of Texas · 1950
- Oklahoma Nat. Life Ins. Co. v. NortonSupreme Court of Oklahoma · 1915
- Korndorffer v. Baker, Texas Court of Appeals, 1st District (Houston)1998
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